Judgment

CHANDRACHUD, J.:- The appellant Ragho Mani and one Nanhey were tried by the learned Sessions Judge, Gonda on the charge that on the night between 26th and 27th June, 1972, they committed the murder of one Raj Mani. The learned Sessions Judge convicted both the accused under Section 302 of the Penal Code. The appellant was sentenced to death whereas Nanhey was sentenceed to imprisonment for life. in appeal, the High Court confirmed the order of conviction and sentence passed by the learned Sessions Judge. This appeal, by special leave, is directed against the judgment of the High Court but the leave is restricted to the question of sentence only.

2. The case of the prosecution, briefly, is that when the deceased Raj Mani was sleeping in his court-yard two unknown persons fired shots at him. In order to save himself. Raj Mani started running away but he was overpowered. Thereafter, the appellant and Nanhey fired shots at him from a close range. Injury No. 1 which had caused extensive damage to the face and the brain of Raj Mani is attributed to the appellant while injury No. 6 which was found on the abdomen is stated to have been caused by Nanhey.

3. Learned counsel appearing